Real Estate Agents FAQs
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purchase property for business
Thai Law Firm for land and property purchase by foreigners in Bangkok, Pattaya, Koh Samui, Koh Chang, Chiang Mai. Home Business Guide Publications FAQs Links Meet Us Contact Us Careers --- Proud Sponsor: Thailand Law Forum USA Visa Thailand LAND PURCHASE Buying land or purchasing property in Thailand is attractive for a variety of reasons. Some buy land to build a vacation or retirement home in Thailand while others purchase property for business and investment purposes. Our licensed attorneys have been supervising land purchases in Thailand for over 20 years. We specialize in protecting foreigners' rights in Thailand. Can a foreigner buy land or purchase property in Thailand? Thai law, in general, prohibits non-Thai citizens from buying land or purchasing property in Thailand. However, there are various exceptions to the law, as well as methods for foreigners who want to buy land or purchase property to acquire rights to land and property in Thailand legally. What are the options available for buying land or property in Thailand? For a foreigner wishing to buy land or purchase property in Thailand, there are mainly four options worth exploring. These include using investment, leasing, owning a company and marrying a Thai spouse. Investing/BOI : With significant investment of funds, foreigners may be allowed to own a limited amount of land under Thai property law. Some foreign companies seek and obtain the approval of the Board of Investment (BOI) to purchase land for a limited period. This option, however, is not available to the vast majority of non-Thai nationals seeking to obtain a second home, retirement home or investment in Thailand because of the legal restrictions involved. As a result, other options must be examined. Leasing : Thai property law allows a foreigner to lease land for a maximum of 30 years, with lease renewal options of 30 years. Many foreigners choose this method to secure land or property ownership. In comparison to setting up a company, land leasing is easier and requires less maintenance. (More information on land leasing in Thailand can be found here) Owning a company : A foreigner may use a Thailand-registered company to obtain property rights or land interest in Thailand. This "Thai" company must be at least 51% owned by Thai shareholders, while the remaining 49% or less may be held by foreigners. (Some law firms are still using the old law and recommending 39% foreign ownership.) Marrying a Thai spouse : A recent revision of Thai law has provided the opportunity for a Thai with a foreign spouse to buy land or property in Thailand. Prior to registering the land parcel at the Land Department, the couple may be asked to sign declarations, declaring that the funds for the property came solely from the Thai spouse. This may, in effect, result in the non-Thai spouse waiving his/her rights on the land or property. Such declarations may become problematic in a divorce case as the non-Thai spouse may have difficulties proving that the land was marital property. To prepare for such an event, a skillfully-drafted prenuptial agreement may be useful. How useful is a limited liability company for a foreigner who wishes to buy land or purchase property? This is one of the most popular methods employed by foreign investors who want to buy land or purchase property in Thailand. Although Thai law generally requires Thai nationals to own a majority interest in a company in order to legally purchase land or property, various legal documents and procedures can be used to provide greater protection for foreign minority shareholders. I am an American who owns 100 per cent of a Thailand-registered company under the Amity Treaty. Am I able to use this Amity Treaty company to buy land or purchase property? Unfortunately, an Amity Treaty company only allows Americans to transact in certain types of businesses. Under the Treaty, Americans can own a majority share in a Thai company but they are not granted the right to buy or purchase land in Thailand. How many types of title deeds are available for private land ownership? There are mainly three types of title deeds for private land ownership in Thailand. The best title deed for land ownership is the Chanot (Nor Sor 4), which must be registered at the Land Department in the province in which the land is located. Although it is possible for a land parcel to be commonly held by several individuals, only the person whose name is indicated on a Chanot has all the legal rights to that land. The deed can act as evidence of ownership, and it can be used to engage in legal acts upon that land as allowed by the law. The second and third best title deeds are the Nor Sor 3 Gor and the Nor Sor 3. For Nor Sor 3 title deeds, the Land Department does not utilize official markers to designate land boundaries. As a result, these title deeds have less specific land demarcation than the Chanot. Foreigners who intend to buy land should also be aware of the problematic "possessory right". This land-ownership right is not substantiated by a title at the Land Department but it is shown using tax payments. Title Deed Definition Chanot (Nor Sor 4) Full title deed Nor Sor 3 Gor Second best title deed. Used while awaiting measurement for a Chanot . Nor Sor 3 Third best title deed. Ownership may be established; Less specific boundary demarcation than a Chanot . Possessory Right One of the weakest land rights. Normally an inherited land right proven by tax payments at the local administrative office. Can you tell me more about land mortgages in Thailand? An application made in writing, followed by a registration at the Land Department of Thailand are two necessary procedures for land mortgages in Thailand. Buildings built on the land after the mortgage date will be not covered unless they were agreed upon prior to the signing of the mortgage documents. Such buildings and other immovable structures should be mortgaged and registered separately at the Land Department or local Amphur (province). I would like to know the pros and cons of utilizing company formation to own land in Thailand. With this approach, foreigners are able to acquire ownership interest in a freehold land in Thailand. This ownership is deemed permanent if the company stays in operation and does not sell or transfer the land. Company formation for the purpose of owning land would be suitable for people considering setting up businesses in Thailand; people with intentions of holding land for investment or for long duration; and as inheritance for future heirs. One other advantage of this type of ownership is the possibility of mortgaging and/or subdividing the land for resale purposes. This is a right normally conferred by land leases. For a Thailand-registered company to buy land legally, it must consist of Thai shareholders. Some foreigners hire Thai nationals to act as nominees of their company but this may be risky in the long run. These Thai nominees will become legal shareholders of the company and therefore, legally ow n the company. Even if there are ways of reducing shareholders' control in the company, it is still a risky approach to undertake for a foreigner. Another disadvantage is the need to maintain regulatory compliance of the company. The law requires a Thailand-registered company to file annual balance sheets and to maintain a company address. Moreover, companies that are not operating may be de-listed. It would, therefore, be wise to use an active company to purchase land or buy property in Thailand. If I hire a Thai national to buy land or purchase property on my behalf, can this person execute an agreement stating that the land belongs to me? In principle, it is illegal for a Thai national to buy land or purchase property on behalf of a foreigner. Therefore, the agreement carried out would be considered illegal and not put into effect. Which is a better alternative for buying land outside of Bangkok - hiring a local law firm from the province or a Bangkok-based law firm? A dearth of qualified law firms in provinces outside of Bangkok often poses problems for foreigners seeking a firm to handle all their legal needs. Before you hire a local law firm, do check that there is no pre-existing working relationship between the seller/Land Department officials and the local law firm. This is to prevent any biased assessments during the process of buying land. On the other hand, foreigners are able to find many qualified law firms in Bangkok. Bangkok-based law firms are able to commute to the provinces to execute the land transaction. Many foreigners feel more comfortable with this approach as these law firms operate independently and in full interests of the client (buyer). (Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied. Before taking any legal action, persons are advised to seek the advice of an attorney qualified in the area of law concerned.) www www.sgalegal.com Siam Global Associates Co., Ltd. Suite 606, 6th Flr., Nai Lert Building 87 Sukhumvit Road, Klongtoey, Vadhana Bangkok 10110 Thailand Tel: (662) 650 3510 (-12) Fax: (662) 655 0655 E-mail: sgalegal@cscoms.com © 2001-2005 Siam Global Associates Co., Ltd.
Home Equity
Home Equity Loans: The Three-Day Cancellation Rule -- Search: FTC Consumer Alert PDF Version Home Equity Loans: The Three-Day Cancellation Rule If you’re considering applying for a personal loan and using your home to guarantee repayment, you should know that a federal credit law gives you three days to reconsider a signed credit agreement and cancel the deal without penalty. Your "right to rescind" or "right to cancel" is guaranteed by the Truth In Lending Act. You can rescind for any reason but only if you are using your principal residence—whether it is a condominium, mobile home, or house boat—as collateral, not a vacation or second home. Under the right to rescind, you have until midnight of the third business day to cancel the credit transaction. Day one begins after all three of the following occur: you sign the credit contract; you receive a Truth in Lending disclosure form containing certain key information about the credit contract, including the annual percentage rate; finance charge; amount financed; and payment schedule; and you receive two copies of a Truth in Lending notice explaining your right to rescind. For rescission purposes, business days include Saturdays but not Sundays or legal public holidays. For example, if the events listed above take place on a Friday, you have until midnight on the next Tuesday to rescind. During this waiting period, activity related to the contract cannot take place. The creditor may not deliver the money for the loan. If you’re dealing with a home improvement loan, the contractor may not deliver any materials or start work. If you decide to rescind, you must notify the creditor in writing. You may not rescind by telephone or in a face-to-face conversation with the creditor. Your written notice must be mailed, filed for telegraphic transmission, or delivered if by other written means, before midnight of the third business day. If you cancel the contract, the security interest in your home is also cancelled, and you are not liable for any amount, including the finance charge. The creditor has 20 days to return all money or property you paid as part of the transaction and release any security interest in your home. If you received money or property from the creditor, you may retain it until the creditor shows that your home is no longer being used as collateral and returns any money you have paid. Then, you must offer to return the creditor’s money or property. If the creditor does not claim the money or property within 20 days, you may keep it. If you have a bona fide personal financial emergency—such as damage to your home from a storm or other natural disaster—the law allows you to waive your right to rescind and eliminate the three-day period. To waive your right, you must give the creditor your own written statement describing the emergency and stating that you are waiving your right to rescind. The statement must be dated and signed by you and anyone else who shares in ownership of the home. But remember: if you waive your right to rescind, you must go ahead with the transaction. The right to rescind does not apply in all situations when you are using your home for collateral. Among the exceptions are: when you apply for a loan to buy or build your principal residence; when you refinance your loan with the same creditor who holds your loan and you don’t borrow any additional funds; or when a state agency is the creditor for a loan. In these situations, you may have other cancellation rights under state or local law. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues , visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel , a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. May 1998
Real Estate Broker Code
DRL - Real Estate Broker Home Login About DRL Site Map Contact DRL FAQ Business Professions Health Professions All Boards Definition Download Help Duplicate License Education FAQs Fees Forms Practice FAQs Obtain License Organizations Renew Online Rules Statutes Verifications What's New Real Estate Broker Code Book A real estate broker is an individual who: a. For another, and for commission, money or other thing of value, negotiates or offers or attempts to negotiate a sale, exchange, purchase or rental of an interest or estate in real estate; b. Is engaged wholly or in part in the business of selling real estate to the extent that a pattern of real estate sales is established, whether or not such real estate is owned by such person. Five sales in one year or 10 sales in 5 years is presumptive evidence of a pattern of sales. c. For another and for commission, money or other thing of value, negotiates or offers or attempts to negotiate a sale, exchange, purchase or rental of any business, its goodwill, inventory, fixtures or an interest therein; or d. Is engaged wholly or in part in the business of selling business opportunities or goodwill of an existing business or is engaged wholly or in part in the business of buying and selling, exchanging or renting of any business, its goodwill, inventory, fixtures or an interest therein. e. For another, and for commission, money or other thing of value, negotiates or offers or attempts to negotiate a sale, exchange or purchase of a time share. f. Is engaged wholly or in part in the business of selling time shares to the extent that a pattern of sales is established, whether or not the time shares are owned by such person. g. For another, and for a commission, money or other thing of value, promotes the sale, exchange, purchase, option, rental or leasing of real estate or business opportunities. This paragraph does not apply to a person who only publishes or disseminates verbatim information provided by another person. For exceptions to the above, see s. 452.01(3), Wis. Stats. No person may engage in or follow the business or occupation of, or advertise or hold himself or herself out as, or act temporarily or otherwise as a broker without a Wisconsin real estate brokers license. The purpose of licensure is to ensure that only qualified people handle real estate transactions and supervise licensed salespersons in Wisconsin. It ensures proper listing, selling, buying, exchanging, leasing or renting of real property or a business opportunity. Last updated: Wednesday, January 7, 2004 Wisconsin Department of Regulation & Licensing. All Rights Reserved. If you have suggestions about how to improve our website, contact our webmaster . Disclaimer | Privacy Statement
Home Loan Bank of
Federal Home Loan Bank of Dallas W e are a cooperatively owned wholesale bank that supports housing and economic development in the communities served by our member institutions in Arkansas, Louisiana, Mississippi, New Mexico, and Texas. Our credit products and other financial services help members deliver financial products to fund housing, small business, rural development and agriculture. Specialized community investment and affordable housing loan and grant programs help finance community redevelopment and expand affordable housing opportunities. Members include commercial banks, savings institutions, credit unions and insurance companies. In The News Community Investment Program Update Bulletin 2005-14 Dividend for Fourth Quarter 2005 Disaster Relief Advances for Texas Counties Affected By Fire Advisory Council Appointments Disaster Relief Grant Program Disaster Relief Advances Available for Louisiana, New Mexico, Mississippi and Texas Quick Links Investor Relations Guides & Forms Send comments, questions, and suggestions to fhlb@fhlb.com . © 2005 Federal Home Loan Bank of Dallas. All Rights Reserved. FHLB Dallas website information disclaimer . The material on this site is for informational purposes only. By moving to the next screen, all viewers acknowledge that the presentation of this material (i) does not represent investment advice, (ii) does not constitute an offer to extend credit, a grant or subsidy, and (iii) does not constitute investment solicitation or an offer to buy securities. It is the sole responsibility of the user to check the accuracy of assumptions or other information contained on this site. VIEW FEDERAL HOME LOAN BANK OF DALLAS - World Wide Web (www.fhlb.com) PRIVACY and SECURITY DOCTRINE